Legal Implications of Copyright Infringement in Canada

Legal Implications of Copyright Infringement in Canada

Laws passed by the Government of Canada, decisions and reasons for decision of federal courts and administrative tribunals are subject to special copyright legislation. Any person may, without charge or permission, reproduce federal laws, decisions and reasons for decisions of federal courts and administrative tribunals. The only condition is that the accuracy of the material reproduced is carefully ensured and that the reproduction is not presented as an official version. Electronic copies of federal laws and regulations (including copyright laws and regulations) are available on the Justice Canada website. 1.1. Subject to paragraphs 2(1) and 2(2), the copyright of a producer of phonograms in the recording of the phonogram also includes the exclusive right to perform the following acts in respect of the sound recording or a substantial part thereof and to authorize any of those acts: 2.2. The certificate of registration of a licence conferring copyright constitutes proof that: that the interest noted on the certificate has been granted and that the owner is registered as the owner of that interest. Copyright is the exclusive right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. The purpose of a copyright is to protect the owners of creative works such as music, poetry, literature and art, while encouraging creativity and the continued production of these works, regardless of their commercial value. (b) a recitation or reading of a literary work, whether or not the term of copyright protection of the work under this Act has expired, or (3) A notice of alleged infringement may not include if the work is not original, it may not be protected by copyright and you may have a full response to allegations of infringement. To assess whether this is the case, you should contact an intellectual property attorney. Side note: No injury by educational institutions, etc.

(a) proceedings for infringement of copyright or moral rights; To make a claim of copyright infringement, you must be able to prove: If you have any questions or need clarity about using a pseudonym, you should contact an intellectual property attorney. 44.07 (1) A copyright owner who has received a sample or information under subsection 44.04 (1) is liable to Her Majesty under the laws of Canada for the cost of storing and handling the preserved copies, and if applicable, for the rights for their destruction, for the period beginning on the day after the day on which a customs officer first sends or provides a sample to Her Majesty, or information pursuant to this paragraph. and ends on the first day that one of the following conditions occurs: (c) The copyright owner agrees that copies will no longer be retained in this manner. (7) Any work in which copyright in force in Canada existed immediately before January 1, 1924, may be registered under this Act. A minor can claim copyright and obtain an official registration. However, the use of this copyright in commercial transactions may be restricted depending on the jurisdiction. (3) The owner of copyright in a work or performance by a performer that is specified in a sound recording or sound recording that has been infringed under paragraph 1(a) may not, in accordance with Article 38.1, elect to claim damages from a person who has infringed this paragraph solely for his or her private use. (2) Notwithstanding paragraph (1), the right or interest of a person protected by this subsection shall cease if and when the copyright owner pays that person compensation agreed upon by the parties or, if no agreement is reached, determined by the Board in accordance with Article 78. (a) the retention of copies for the purposes of section 44.01 ends before the expiry of 10 business days or, if the copies are perishable, before the expiry of five days, after the day on which the customs officer transmits or makes available to the copyright owner a specimen or information in accordance with subsection 44.04.1; and 4.

A not-for-profit organization invoking the exception in paragraph 1 shall pay to the copyright owner all royalties determined in accordance with the Rules. 29.5 It is not an infringement of copyright for an educational institution or any person acting under its authority to do the following when performed on the premises of an educational institution for educational, training and non-profit purposes before an audience consisting primarily of students of the educational institution, teachers acting under the supervision of the educational institution or a person who is directly responsible for establishing a program of study. for the educational institution: 34 (1) In the event of copyright infringement, subject to the provisions of this Act, the owner of the copyright is entitled to all remedies by injunctive relief, damages, settlement, restitution and other remedies granted or available by law for infringement of a right. 14.2 (1) Moral rights in a work exist for the same duration as copyright in the work. Rights under the Copyright Act are subject to various limitations and exceptions. For example, you may use copyrighted works for research, private study, education, parody, or satire. You may also reproduce copyrighted works to ensure interoperability of computer programs or for backup copies. Moral rights may not be assigned or transferred, but waived.

Even if an author chooses to assign his copyright in a work, the author retains the moral rights in the work, unless he formally waives his moral rights. (a) for the author of an artistic work who is not the owner of copyright in the work, to use for the purpose of the work moulds, casts, sketches, plans, models or studies of the author, provided that the author does not repeat or imitate the main design of the work; Copyright infringement occurs when someone abuses your work without your permission or does something that only an owner is allowed to do, as stated in copyright law. Violations may include acts such as copying, performing, selling/distributing, or publishing your work on the Internet without your permission. The Copyright Office does not offer advice on whether a particular act constitutes infringement. These issues should be resolved with the assistance of a lawyer familiar with the field of intellectual property. (b) even the award of the minimum amount referred to in that paragraph or paragraph would result in overall compensation which, in the opinion of the Tribunal, is manifestly disproportionate to the infringement. (b) the sole purpose of the reproduction is to permit a use that does not constitute copyright infringement; and 31.1 (1) Every person who, by providing services related to the operation of the Internet or any other digital network, provides means of telecommunication or reproduction of a work or other subject-matter protected by the Internet or other network does not infringe the copyright in that work or other subject-matter solely by virtue of the provision of those means. 44.04 (1) A customs officer who withholds copies of a work or other subject-matter under section 101 of the Customs Act and who has reason to believe that the import or export of those copies is prohibited under section 44.01 may, at the discretion of the official, if the Minister has granted a request for administrative assistance in respect of the work or other subject-matter submitted by the holder copyright in the copyright in the copyright therein: provide that owner with a sample of the copies and copy information that may assist the owner in pursuing a remedy under this Act, such as: (3) The program undertaking shall make the fixation referred to in paragraph 2 available to the owners of copyright in the works, phonograms or performances of the performer or their representatives: within twenty-four hours of receipt of a request.

(b) in the case of a violation under section 27.1 of this Act, enacted in section 15 of this Act, the remedy exists only in respect of a book deposited during that period and forming part of the inventory of the person referred to in section 27.1 of this Act on the date of approval of this Act. (3) If the provider receives a notification of alleged infringement in relation to a work or other subject-matter that complies with subsections 41.25.2 (2) and (3) after the work or other subject-matter has been removed from the electronic location specified in the notification, subsection 1 applies to reproductions made from that electronic location: Only for violations that occurred before the day which is 30 days – or the period required by law – from the day the Supplier receives the notification. Please contact the Copyright Board of Canada, an administrative agency of the Government of Canada that, among other things, determines the royalties payable for certain uses of copyrighted works. (3) The costs of all parties to proceedings for violation of a right conferred by this Act shall be at the discretion of the court. 5 (1) Subject to the provisions of this Act, copyright in Canada continues to exist in Canada for the following term in any original literary, dramatic, musical or artistic work if one of the following conditions is met: The Copyright Board of Canada is the regulatory body that sets royalties for the use of copyrighted works where the administration of that copyright has been delegated to a copyright society. collective management. The Board may also monitor agreements or licences between users and licensors and issue licences if a copyright owner cannot be located. (b) in respect of a performance by a performer in respect of which copyright exists, any fixation or copy of a fixation thereof made or processed in violation of this Law; (b) the owner of the copyright in a work, performance by a performer contained in a sound recording or a sound recording protected by a technological protection measure; Access to the work or performance of the performer specified in a sound or sound recording is required to persons entitled to one of the restrictions on application set out in paragraph 41.1(1)(a) of subsection 41.1.1.

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